Essential Politics: Judge denies ACLU's request to allow California ballot selfies, state Democratic Party to open ... - Los Angeles Times

Opponents of an initiative to allow recreational marijuana use in California said Wednesday that its extensive licensing requirements would not include websites, including Weedmaps, that provide guides to cannabis stores, varieties and doctors without handling the product.

A spokesman for the Proposition 64 campaign called the complaint “silly and desperate” and noted that existing laws regulate such websites.

The issue was looked at by the Office of Legislative Counsel, the nonpartisan public agency that prepares legal opinions, at the request of state Sen. Jim Nielsen (R-Gerber), an outspoken opponent of Proposition 64.

Proposition 64 requires state licenses for businesses that grow, transport, process and sell marijuana.

“Because the technology platform would not sell or deliver marijuana products within the meaning of Proposition 64, it follows that it would not require licensure as a distributor or retailer,” wrote Richard Mafrica, deputy legislative counsel. “Therefore, it is our opinion that the technology platform would not be required to obtain a license under Proposition 64.”

That also would mean that the website would not be subject to Proposition 64’s restrictions on advertising, Mafrica wrote.

The opposition campaign noted that Weedmaps, an Irvine company, has contributed close to $1 million to the campaign for Proposition 64.

“This is a blatant and egregious example of a special interest writing regulations that maximize profit at the expense of public health that do not even apply to the largest advertising platforms in the pot industry,” said Ken Corney, president of the California Police Chiefs Assn.

Federal law considers marijuana to be an illegal drug, which cannot be advertised on federally regulated television and radio stations.

Jason Kinney, a spokesman for the Proposition 64 campaign, said the opponents are “brazenly attempting to mislead voters.”

He said under Proposition 64, advertising by licensed marijuana businesses on any platform will be subject to restrictions in the measure “and any future restrictions set forth by state regulators or the Legislature. Moreover, as the Legislative Counsel clearly points out, any technology platform will be further subject to all existing state advertising and marketing restrictions.”